Joiner v. Glenn

I must respectfully dissent because the “adequate state remedy” doctrine adopted by the majority is not applicable to damages actions brought under OCGA § 36-33-4. I would therefore hold that, because Glenn has alleged a violation of appellants’ duty to conduct a name clearing hearing, and because such violation is actionable under OCGA § 36-33-4, the trial court properly denied appellants’ motion for judgment on the pleadings.

The majority proceeds under the assumption that, because Glenn’s complaint is premised on allegations that Glenn was denied a name clearing hearing, the cause of action…